P.R. SANDHYA Vs. DIRECTOR OF ENFORCEMENT

JUDGEMENT

(1.) The 3rd accused in S.C. No. 1 of 2022 on the files of the Special Court/CBI Thiruvananthapuram (originally filed as S.C. No. 412 of 2018 before the Principal Sessions Court, Ernakulam) arising out of ECIR No.17/2009 of the Directorate of Enforcement (for short, 'ED' hereafter), Kochi has filed this Criminal Miscellaneous Case under Sec. 482 of the Code of Criminal procedure (for short, 'the CrPC' hereafter) and the prayer in this petition is to quash Annexure-G complaint and further proceedings thereof against the petitioner in the interest of justice.

(2.) Heard the learned Senior Counsel appearing for the petitioner, the learned Standing Counsel appearing for the ED and perused the decisions as well as the prosecution records made available.

(3.) While seeking quashment of the case as against the petitioner/3rd accused, it is pointed out by the learned Senior Counsel for the petitioner that ED registered R.C.No.18(A)/2008/CBI/KER against the petitioner arraying her as the 2nd accused and when the matter had been pending before the Chief Judicial Magistrate Court as C.C.No.125 of 2021 the petitioner filed Crl.M.C.No.2017 of 2022 before this Court and in the said proceedings as per order dtd. 10/4/2025, this Court quashed the same where the prosecution alleged commission of offences punishable under Sec. 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act 1988) and under Sec. 109 of the Indian Penal Code (for short, 'the IPC' hereafter) r/w Sec. 13(1)(e) of the PC Act, 1988 by the petitioner along with the other accused. Accordingly it is submitted by the learned Senior Counsel for the petitioner that in fact the predicate offence alleged in Crime No.RC.18(A)/2008 is not available. Therefore the present complaint (Annexure-G) alleging commission of offence under Sec. 3 of the Prevention of Money Laundering Act, 2002 (for short, 'the PML Act, 2002' hereafter) punishable under Sec. 4 of the PML Act, 2002 would not sustain against the petitioner in the absence of a predicate/scheduled offence to precede.